Tolmage, Peskin, Harris, Falick

20 Vesey St.New York, NY 10007- 4231


Updated: 09/16/2016


What Is Medical Malpractice?

Medical malpractice occurs when a doctor, nurse, hospital or other medical party provides treatment below the accepted standard in New York, causing the patient’s injury or death. There is much confusion about what that means, so the law firm of Tolmage, Peskin, Harris, Falick explains the elements of a New York medical malpractice claim below. 

1)     You were under the care of a health care provider.

2)     While advising, diagnosing or treating you, the health care provider failed to act within the accepted standard of care in New York.

3)     Consequentially, you were injured, a condition worsened or you became ill.

The first element is usually straightforward. You present yourself to a doctor, clinic or hospital for medical help and you are then under its care. However, insurance companies and medical providers often encourage patients to call nurse hotlines, also known as triage hotlines. Such a conversation could amount to the patient becoming “under the care” of the medical provider.

The second malpractice claim element typically involves confusion about what the accepted standard of care is in the New York medical community. Because there is no manual that spells out the accepted standard of care for each medical situation, this element requires the opinion and testimony of other medical professionals, known as expert witnesses.

In the third element of a medical malpractice lawsuit, it may be difficult to prove that a patient suffered actual harm from the mistake of a medical professional. The patient is usually already unhealthy and a court requires convincing proof that a negligent act caused additional harm or death. Speculation is not proof enough.

It is extremely difficult to bring a successful medical malpractice claim in New York and the success or failure of your case may depend on the experience of your attorney. At the law firm of Tolmage, Peskin, Harris, Falick, we have helped injured patients and families for nearly 50 years. For a free consultation with one of our experienced personal injury attorneys, call 212-964-1390 or 877-298-3201.

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Office Info

Practice Areas

  • Medical Malpractice
  • Birth Injury
  • Hospital Negligence
  • Personal Injury
  • Nursing Home Abuse


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20 Vesey St.New York, NY 10007- 4231